Overview

• The panel granted a preliminary injunction that prevents removals under the Alien Enemies Act for detainees in the three-state Fifth Circuit case.
• The majority concluded there was no “invasion or predatory incursion,” rejecting arguments that mass migration or drug‑trafficking meets the statute’s threshold.
• Judges Leslie Southwick and Irma Carrillo Ramirez formed the majority; Judge Andrew Oldham dissented, urging deference to presidential foreign‑affairs judgments.
• The court said the government has not proven the detainees’ Tren de Aragua membership and cannot assume it, while two judges found seven days’ notice currently satisfies due‑process timing.
• The administration can seek rehearing by the full Fifth Circuit or go directly to the Supreme Court, and it may continue removals under other immigration authorities.